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Name: U.S. v. Elder
Case #: 00-10143
Court: US Court of Appeals
District 9 Cir
Opinion Date: 06/07/2002
Subsequent History: None

Defendant was not deprived of due process of law when the court ordered lead defense counsel removed from the courtroom. The record showed a persisent pattern of surly, disruptive and contemptuous behavior by a defense counsel with a history of antagonizing judges. Further, the court security personnel , not the court, made the decision to handcuff counsel. The court called a recess for an hour, after which counsel returned and apologized for arguing with the court. The court instructed the jury to not consider the incident in their deliberations. (2-1).